The warranty period of commercial housing, how long is the warranty period of commercial housing

China's law stipulates that the developer shall be responsible for the quality of the commercial housing sold. The parties shall agree on the scope of the warranty, the warranty period, the warranty liability, etc. in the contract.

The specific content of the warranty period of commercial housing is stipulated:

A) infrastructure engineering, housing construction foundation and main structure engineering, for the design documents to stipulate the reasonable service life of the project;

2) Roof waterproofing works, waterproof toilets, and leakage prevention of the exterior walls of the room for 5 years;

3) Heating and cooling system, for 2 heating periods and cooling periods;

4) 2 years for electrical pipelines, water supply and drainage pipelines, equipment installation and decoration projects.

The specific years of the warranty period of commercial housing are stipulated:

1) Roof waterproofing for 3 years;

2) Leakage of walls, kitchens and bathrooms on the ground, basement and pipes for 1 year;

3) The period for the plastering layer of the wall and ceiling to fall off is 1 year;

4) Ground hollow cracking, large-scale sand for 1 year;

5) Doors and windows are cracked and hardware is damaged for 1 year;

6) Pipeline blockage for 2 months;

7) Heating and cooling systems and equipment, 1 heating period or cooling period;

8) 1 year of sanitary ware;

9) Lamps and electrical appliances are switched on and off for 6 months;

10) The warranty period for other parts and components shall be agreed between the real estate development enterprise and the user.

Buyers must pay attention to the fact that there is a warranty period for commercial housing, so it is best to make clear the quality issues when signing the housing sales contract and receiving the house.

The above is an introduction to the warranty period of the house, when we buy a house, because the contract follows the principle agreed by both parties, it is best to negotiate with the developer when signing the contract to agree on the warranty period longer, and do not let the developer stipulate the warranty period, so as not to damage the rights and interests of buyers.

There are legal provisions. The warranty period is not less than two years.

The Ministry of Construction of the People's Republic of China Order No. 110 "Measures for Quality Warranty of Housing Construction Projects" has the following provisions:

Article 2: In the territory of the People's Republic of China, the quality warranty of all kinds of housing construction projects (including decoration projects) shall be subject to these measures.

Article 7: Under normal use, the minimum warranty period for housing construction works is:

A foundation and main structure engineering, for the design documents specified in the reasonable service life of the project;

Second, the leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements is 5 years;

3) Heating and cooling system, for 2 heating periods and cooling periods;

4. 2 years for the installation of electrical systems, water supply and drainage pipelines, and equipment;

5. The renovation project is 2 years.

The warranty period for other items shall be agreed between the construction unit and the construction unit.

The warranty period of commercial housing is generally 5 years, calculated from the date of completion and acceptance of the work, and the main structure of the house is guaranteed for life. The warranty period shall be agreed upon by the construction unit and the construction unit, and the construction unit and the construction unit shall clearly agree on the warranty scope, warranty period and warranty liability in the project quality warranty certificate. The specific contents of the warranty period of commercial housing are as follows:

1. For infrastructure projects, housing foundation and main structure projects, the reasonable service life of the project shall be specified for the design documents;

2. The roof waterproof project, waterproof toilet, and the external wall of the room are leak-proof, which is 5 years;

3. Heating and cooling system, for 2 heating periods and cooling periods;

4. Electrical pipelines, water supply and drainage pipelines, equipment installation, and decoration projects for 2 years.

The specific years of the warranty period of commercial housing are as follows:

1. Roof waterproofing for 3 years;

2. Leakage of the ground, basement and pipes of the wall, kitchen and bathroom for 1 year;

3. The period of falling off the plastering layer of the wall and ceiling is 1 year;

4. Ground hollow drum cracking, large-area sand for 1 year;

5. Doors and windows are cracked, and hardware is damaged for 1 year;

6. The pipeline is blocked for 2 months;

7. Heating and cooling system and equipment: 1 heating period or cooling period;

8. Sanitary ware for 1 year;

9. Lamps and electrical appliances are switched on and off for 6 months;

10. The warranty period of other parts and components shall be agreed between the real estate developer and the user.

Legal basisArticle 7 of the "Measures for the Quality Warranty of Lead in Housing Construction Projects".

Under normal use, the minimum warranty period for home construction works is:

A foundation and main structure engineering, for the design documents specified in the reasonable service life of the project;

Second, the leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements is 5 years;

3) Heating and cooling system, for 2 heating periods and cooling periods;

4. 2 years for the installation of electrical systems, water supply and drainage pipelines, and equipment;

5. The renovation project is 2 years.

The warranty period for other items shall be agreed between the construction unit and the construction unit.

The warranty period and scope of commercial housing are: the warranty period for commercial housing decoration projects, electrical pipelines, water supply and drainage pipelines, and equipment installation is 2 years; The warranty period of the heating and cooling system is 2 heating periods and cooling periods; The warranty period for anti-leakage of roof waterproofing works, toilets, rooms and exterior walls with waterproof requirements is 5 years; Lifetime warranty on the main structure of the house.

Legal basisArticle 7 of the Measures for Quality Warranty of Housing Construction Projects.

Under normal use, the minimum warranty period for home construction works is:

A) foundation engineering and main structure engineering, for the design documents specified in the reasonable service life of the project;

Second, the leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements is 5 years;

3) Heating and cooling system, for 2 heating periods and cooling periods;

4) 2 years for the installation of electrical pipelines, water supply and drainage pipelines, and equipment;

5. The renovation project is 2 years.

The warranty period for other items shall be agreed between the construction unit and the construction unit.

1. The warranty scope of commercial housing is based on the provisions of the Regulations on the Operation and Management of Urban Real Estate Development Enterprises, and the real estate development enterprise shall provide the buyer with the "Residential Quality Assurance Certificate" and "Residential Instruction Manual" when the commercial housing is delivered for use. "Residential Quality Assurance Certificate" is a legal document for real estate development enterprises to assume responsibility for the quality of the commercial housing sold, and the "Residential Quality Assurance Certificate" shall specify the quality level, warranty scope, warranty period, warranty unit and other contents verified by the engineering quality supervision unit. Real estate development enterprises shall, in accordance with the provisions of the residential quality assurance certificate, bear the warranty liability for commercial housing.

Once there is a quality problem in the commercial house, in addition to the warranty scope stipulated by law, the developer shall also bear the warranty responsibility for other warranty scopes agreed in the contract. Specific warranty coverage includes:

1) Roof leakage, leakage of walls, kitchen and bathroom floors, basements, and buried pipes, plastering of walls and ceilings, hollow cracking of walls, large-scale sandstorming, heating or cooling surplus and pin system and equipment problems, sanitary ware problems, lamps, electrical switches, etc., shall be borne by the developer within a certain period of time.

2) The warranty of other parts and components of the house shall be borne by the developer as agreed by the real estate development enterprise and the user.

2. How long is the warranty period of commercial housingUnder normal circumstances, the warranty content and warranty period of each part and component are: roof leakage, warranty for 3 years; Leakage of walls, kitchen and bathroom floors, basements, and pipes, with a warranty of 1 year; The plastering of the wall and ceiling is off, and the warranty is 1 year; The wall is hollow and cracked, and a large area of sand is raised, and the warranty is 1 year; Heating or cooling systems and equipment warranty 1 heating and cooling period; Sanitary ware warranty for one year; Lamps and electrical switches are guaranteed for six months; The warranty of other parts and components shall be agreed by the real estate development enterprise and the user. The warranty period is calculated from the date on which the real estate development enterprise delivers the completed and accepted dwelling to the user.

During the warranty period, if the non-man-made damage occurs within the scope of the warranty, the real estate development enterprise shall repair it free of charge, and the buyer may require the real estate development enterprise to bear the liability for compensation due to the quality loss caused by the user's improper use or unauthorized alteration of the structure, equipment location and improper decoration. When the overall structural quality of the house is unqualified, the purchaser can apply for re-inspection to the engineering quality supervision unit indicated in the "Residential Quality Assurance Certificate". If it is found to be unqualified, the buyer has the right to move out, and the real estate development enterprise shall pay a certain percentage of liquidated damages in addition to refunding the principal and interest of the purchase price.

According to the "Regulations on the Quality Management of Construction Projects" and other relevant regulations, the warranty period of the newly built commercial residential building from the date of contract delivery under normal use is as follows: 1. The foundation engineering and main structure engineering of the residential building shall be the reasonable service life of the project specified in the design documents; 2. Roof waterproofing engineering, toilet and exterior wall leakage prevention, warranty for 5 years; 3. Doors and windows are installed tightly and there is no warping, and the warranty is 2 years; 4. The plastering layer of the wall and ceiling does not fall off, and the warranty is 2 years; 5. Electrical pipelines, water supply and drainage pipelines, equipment installation and decoration projects, warranty for 2 years. It can be seen that the foundation and other foundation engineering and main structure problems should be borne by the construction unit for lifelong warranty liability.

In addition to the quality problems, the construction unit shall bear the warranty responsibility for the quality of the building within the warranty period. At the same time, according to Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts, if the buyer's request to terminate the contract and compensate for losses is seriously affected by the quality of the house, it should be supported. If there is a quality problem in the house delivered for use, the seller shall bear the responsibility for repairing it during the warranty period; If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so.

The cost of the repair and other damage caused during the repair period shall be borne by the seller. Therefore, there is a quality problem in the house, and the main body that bears the warranty responsibility is the developer, not the property company. When we can't find a contractor or developer, how can we protect our rights?

According to the "Property Management Regulations", property management refers to the activities of the owner through the selection of a property service company, and the owner and the property service enterprise in accordance with the property service contract to repair, maintain and manage the house and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area. Article 56 of the Property Management Regulations stipulates that in the event that the construction unit or developer cannot be found, the property management company is obliged to fulfill its responsibilities in accordance with the provisions of the Property Management Regulations. Therefore, although the property management company has no warranty obligation for the quality of the building, it should bear the maintenance obligation within the scope agreed in the property management contract.

For example, if the property management company fails to perform the maintenance and maintenance responsibilities to the owner in accordance with the contract, and thus causes losses to the owner, the property management company shall bear the corresponding responsibility. Henan anti-corrosion and waterproof company reminds you that the new house leakage is within the warranty period, you can ask for free maintenance of the tomb, if you do not ask for a complaint, you can complain to the consumer association or to the people's court where the house is located.

1. Does commercial housing have a warranty periodMost people will be surprised that most people will be surprised, because they originally thought that commercial housing has no warranty period. In fact, commercial housing, like ordinary goods, also has a warranty period, but the warranty period of the house is not like that of general goods, which can be simply set at 1 year, 3 years or 5 years after purchase. Moreover, different parts of the house are responsible for the warranty unit.

2. How long is the warranty period of commercial housing According to the relevant laws and regulations of China, the developer should agree with the construction contractor on the warranty responsibility of the house, that is, who is responsible for the warranty of the house. The content of the contract agreed by both parties shall include the warranty scope, warranty period, and warranty liability, and the warranty period shall be calculated from the date of delivery of the house. The warranty period of commercial housing shall not be less than the duration of the warranty period agreed in the quality warranty issued by the construction project contractor to the construction unit; If the duration is less than the minimum warranty period determined in the "Provisions on the Implementation of the Quality Assurance Certificate and Residential Instruction Manual System for Commercial Residences" (hereinafter referred to as the "Regulations"), the warranty period shall not be lower than the minimum warranty period determined in the "Regulations".

The "Regulations on the Quality Management of Construction Projects" stipulates that the minimum warranty period of the quality warranty issued by the construction project contractor to the construction unit is:

A) infrastructure engineering, housing construction foundation engineering and main structure engineering, for the design documents specified in the reasonable service life of the project;

Second, the leakage prevention of roof waterproofing projects, toilets, rooms and external walls with waterproof requirements is 5 years;

3) Heating and cooling system, for 2 heating periods, cooling period, such as the heating period from October to April of the following year, then the warranty period of the heating system is two years of heating period;

4) Electrical pipelines, water supply and drainage pipelines, equipment installation and decoration projects, for 2 years. According to the provisions of the "Regulations on the Implementation of the Quality Assurance Certificate and Residential Instruction Manual System for Commercial Housing", the minimum warranty period for each part of the house that the developer is responsible for warranty is:

1) Roof waterproofing for 3 years;

2) Leakage of walls, kitchen and bathroom floors, basements, and pipes for 1 year;

3) The plastering layer of the wall and ceiling falls off for 1 year;

4) Ground hollow cracking, large-scale sand for 1 year;

5) Doors and windows are cracked and hardware is damaged for 1 year;

6) Pipeline blockage for 2 months;

7) Heating and cooling systems and equipment, 1 heating period or cooling period;

8) 1 year of sanitary ware;

9) Lamps and electrical appliances are switched on and off for 6 months;

10) The warranty period of other parts and parts shall be agreed upon by the real estate development enterprise and the user.